Economic Times: New Delhi: Friday,
July 22, 2016.
The Central
Information Commission has directed the Bar Council of Delhi to proactively
make public the cases of professional misconduct, both proved and not proved,
against advocates at regular intervals or as and when the decision was taken.
"If a
client complains against the professional misconduct of advocate, the bar
council has a duty to examine it and to pronounce its decision not just to the
complainant. Such a decision has to be in there public domain. Transparency
requirement does not allow Bar Council of Delhi to keep its decisions
secret," Information Commissioner Sridhar Acharyulu said in his order.
The case
related to Tapan Chaudhary who sought information regarding the order passed in
a complaint by the Bar Council of Delhi wherein advocates as Directors of the
company have been allowed to file civil suits. Chaudhary wanted to know whether
such an order could be reported in print and broadcast media but did not
receive any response.
The
Information Commissioner said any public authority has a mandatory duty to
disclose reasons for its quasi judicial or administrative decisions to the
affected persons as per Section 4(1)(c) of RTI Act voluntarily.
He said Bar
Council being a public body has an obligation to report its decisions along
with reasons.
Acharyulu
said every professional body like Medical Council of India, Press Council of
India and Bar Council of India has to report its decisions.
"The
Commission agrees with the justifiable contention of the appellant and directs
the Bar Council of Delhi to report/publish the cases of professional
misconduct, both proved and not proved, at regular intervals or as and when the
decision was taken in compliance of Section 4 (1) of RTI Act in their official
website or journal or by any other means of publication convenient to it,"
he said. Acharyulu said it is important to remember words of Krishna Iyer,
"Indeed, the monopoly conferred on the legal profession by Parliament is
coupled with a responsibility- a responsibility towards the people, especially
the poor" and that responsibility has to be practically visible in functioning
of every advocate.
"If not
people should know action against him. Right to know of the people arises out
of this responsibility of Bar Council," he said.
Acharyulu
said Section 4(1)(d) of RTI Act, mandates the public authority to "provide
reasons for its administrative or quasi-judicial decisions to affected
persons".
"Bar
Council should understand the purport of above referred judicial pronouncements
is properly understood, the Bar Council has to publish these reports because
generally the entire people are positively affected by the good conduct to some
extent and harmfully affected by misconduct of the advocates, and if the Bar
Council punishes them or brings out genuineness of service, it will neutralize
the impact.
"For
that purposes it has to publish the reports of the disciplinary
proceedings," Acharyulu said in the order which had citations of number of
Supreme Court judgments.
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